Under which condition will a road easement be extinguished?

Prepare for the NCEES Fundamentals of Surveying Exam. Study with flashcards and multiple choice questions, each question comes with hints and explanations. Get ready for your test!

An easement is a legal right to use someone else's land for a specific purpose. When the dominant tenement (the property benefiting from the easement) and the servient tenement (the property burdened by the easement) come under the same ownership, the easement is extinguished. This is based on the principle that if one person owns both properties, there is no longer a need for the easement because the entire property can be used as the owner sees fit. This concept stems from the idea that easements are meant to serve the interests of different owners, and when those interests converge in a single owner, the easement is no longer necessary.

In contrast, the other conditions do not inherently lead to the extinguishment of an easement. Selling the servient tenement does not affect the easement unless specific terms dictate otherwise. An easement not in active use can still exist, as non-use does not negate the legal right. Lastly, constructing a fence across an easement may block access, but it does not extinguish the right itself; the easement would still technically exist and could potentially be enforced through legal means.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy